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(영문) 서울중앙지방법원 2017.04.27 2016가단5154751

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 5, 2014, the Plaintiff entered into a subcontract with the Defendant to carry out construction works on a set of construction period of “Chouse and surrounding structures” from July 25, 2014 to December 30, 2014 (including value-added tax) among the construction works for Saemangeum Collective Energy Facilities contracted by the Defendant two Industries Co., Ltd., with each of the Defendant, as the construction period and the construction cost of KRW 1,364,00,000 (including value-added tax).

(hereinafter referred to as the “instant subcontract” is the instant construction contract, and the said subcontracted construction work is called the “instant construction work.” (b)

On December 30, 2014, the Plaintiff agreed with the Defendant to change the construction period under the instant construction contract from December 30, 2014 to February 28, 2015.

(hereinafter referred to as the “instant change of construction period”). C.

The Plaintiff completed the settlement of the instant construction work with the Defendant around March 2015, after executing the said subcontracted construction, and was paid KRW 1,364,00,000 as the construction cost under the instant construction contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant construction period had been extended from December 30, 2014 to February 28, 2015 due to the circumstances on the part of the Defendant, extended from December 30, 2014 to February 28, 2015. The Plaintiff spent KRW 101,750,000 as equipment rent, general management fee, etc. for additional costs, and the Defendant promised to pay the said additional cost to

Therefore, the defendant is obliged to pay the above amount to the plaintiff as additional construction cost.

In addition, the Plaintiff is obligated to recover and return the temporary materials, such as the SHE POLE, from a third party (hereinafter “the temporary materials of this case”) and use them for the instant work, and to return them to the third party upon the completion of the instant construction work. The Defendant unilaterally goes at the construction site of this case without the Plaintiff’s consent.